Criminal Defense
Is Expunging Records Easy in New York?
max@dotcomlawyermarketing.com
Legal Expert
4 min read
Updated: Sep 6, 2025
Is Expunging Records Easy in New York?
Expunging criminal records in New York isn't always an easy process, but with the right legal help, it can be navigated successfully. At Spodek Law Group, we have extensive experience helping clients clear their records and move forward with their lives. While the process can be complex, our attorneys are here to guide you every step of the way.
While sealing isn't quite as comprehensive as expungement, it still offers significant benefits in terms of employment, housing, and other opportunities. Our attorneys can help determine if you're eligible for sealing and guide you through the process.
Understanding Record Sealing vs. Expungement in New York
First, it's important to understand that New York doesn't actually offer true "expungement" of criminal records. Instead, New York has a process called record sealing. When a record is sealed, it's not completely erased, but it becomes inaccessible to most people and organizations.Here's a quick comparison:Expungement | Record Sealing in NY |
---|---|
Record is completely erased | Record still exists but is hidden |
Not available in New York | Available for certain offenses |
N/A | Limited to 2 convictions total |
Eligibility for Record Sealing in New York
Not all criminal records are eligible for sealing in New York. The state has specific criteria that must be met:- At least 10 years must have passed since your sentencing or release from incarceration
- You can seal up to 2 convictions total, only 1 of which can be a felony
- Certain serious offenses like sex crimes are not eligible
- You must not have any pending criminal charges
- You must not have been convicted of any new crimes in the past 10 years
The Record Sealing Process in New York
If you're eligible, the process of sealing your record involves several steps:- File a motion with the court where you were convicted
- Serve notice to the District Attorney's office
- The DA has 45 days to object to the sealing
- If there's no objection, the judge reviews the motion
- If approved, orders are sent to seal records with various agencies
Challenges in Sealing New York Criminal Records
Let's be real - sealing your record in New York isn't always easy. Some common challenges include:- Strict eligibility requirements
- Objections from the District Attorney
- Incomplete or inaccurate records
- Delays in processing
- Judges who are hesitant to grant sealing
Benefits of Sealing Your Criminal Record
While the process may be challenging, the benefits of sealing your record are substantial:- Improved employment prospects
- Better housing opportunities
- Eligibility for certain professional licenses
- Restored voting rights in some cases
- Peace of mind and a fresh start
How Spodek Law Group Can Help
Navigating the record sealing process in New York requires legal expertise and a deep understanding of the system. At Spodek Law Group, we offer:- FREE initial consultations to assess your case
- Thorough eligibility review
- Meticulous preparation of all required documents
- Strong advocacy in court if needed
- Ongoing support throughout the entire process
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